Legislator Case Law & Legislation
940.11 WAG CH-SO

Economic and Labour Act (WAG) - Subject Matter (WAG)

106 Articles / Provisions · Switzerland · Canton of Solothurn
Open official source Machine-readable Markdown (.md)

Table of Provisions (106)

§ 1 WAG § 2 WAG - Purpose § 3 WAG § 4 WAG - Terms § 5 WAG - Principle § 6 WAG § 7 WAG - Exceptions on Rest Days § 8 WAG § 9 WAG § 10 WAG § 11 WAG - Requirements § 12 WAG - Issuance § 13 WAG - Extinction § 14 WAG § 15 WAG § 17 WAG - Alcohol Dispensing § 18 WAG § 19 WAG § 20 WAG § 21 WAG § 22 WAG - Equipment and Admission Age § 23 WAG § 24 WAG § 25 WAG § 26 WAG § 27 WAG § 28 WAG § 29 WAG - Conditions § 30 WAG **§ 31 WAG - Duties of the Holder of an Operational License** § 32 WAG - Duties of the Holder of a Mediation Permit § 33 WAG § 34 WAG § 35 WAG § 36 WAG § 37 WAG § 38 WAG § 39 WAG § 40 WAG - Task Delegation § 41 WAG § 42 WAG § 43 WAG § 44 WAG - Plan Approval and Operational Permit § 45 WAG - Plan Review § 46 WAG § 47 WAG § 48 WAG § 49 WAG § 50 WAG - Subject-Matter Jurisdiction § 51 WAG § 52 WAG - Duty to Maintain Peace § 53 WAG § 54 WAG § 55 WAG § 56 WAG § 57 WAG § 58 WAG § 59 WAG § 60 WAG § 61 WAG § 62 WAG **§ 63 WAG - Objectives** § 64 WAG - Subsidiarity § 65 WAG § 66 WAG § 67 WAG - Individual Business Promotion Measures § 68 WAG § 69 WAG § 70 Investment Promotion Act (IPA) § 71 WAG - Granting of Promotion Measures § 72 WAG - Financing § 73 WAG § 74 WAG § 75 WAG § 76 WAG § 77 WAG § 78 WAG § 79 WAG § 80 WAG § 81 WAG § 82 Securities Supervision Act § 83 WAG § 84 WAG - Administration of Justice § 85 WAG § 86 WAG § 87 WAG § 88 WAG § 89 Securities Supervision Act (WAG) § 90 WAG § 91 WAG § 92 WAG § 93 WAG - Fee Amount § 94 WAG - Principle § 95 WAG § 96 WAG § 97 WAG § 98 WAG § 99 WAG § 100 WAG § 100bis WAG § 101 WAG § 102 WAG - Coordination § 103 WAG § 104 WAG § 105 WAG § 106 WAG

Statutory Text (106 Articles)

General Provisions

1. This law regulates

a) the exercise of economic activities (§§ 5-40);

b) employment (§§ 41-61);

c) economic promotion (§§ 62-78);

d) national economic supply (§§ 79-84); and

e) market supervision (§§ 85-91).

General Provisions

1. This Law

a) serves to achieve the constitutional objectives of cantonal economic policy;

b) aims at the orderly exercise of economic activities to maintain public order, safety, tranquility, and health; and

c) regulates the implementation of federal legislation related to economic and labor matters.

General Provisions

1. This law implements

a) the federal legislation on distilled spirits (Alcohol Act);

b) the federal legislation on the trade of travelers;

c) the federal legislation on the professional mediation of persons from abroad or to abroad for marriage or permanent partnership;

d) the federal legislation on consumer credit;

e) the federal legislation on the mountain guide profession and the offering of further risk activities;

f) the federal legislation on employment in industry, commerce, and trade;

g) the federal legislation on home work;

h) the federal legislation on national economic supply;

i) the federal legislation on metrology;

j) Articles 360a and following of the Swiss Code of Obligations and the federal legislation on the accompanying measures for posted workers and on the control of the minimum wages provided in standard employment contracts;

k) the federal legislation on combating illegal employment;

l)* the Federal Act on the Weight Designation of Heavy Cargo Intended for Shipping;

m) the Ordinance on Price Disclosure;

n)* the Federal Act on Gambling;

o)* the Federal Act on Contributions to the Costs of the Cantons for Monitoring Compliance with the Job Notification Requirement.

2. To the extent that this law implements federal law, its scope is determined by the applicable federal law.

General Provisions

1. Premises where goods or services are sold to the end consumer, as well as temporary facilities and open sales stands serving the same purpose, are considered businesses.

2. Rest days are deemed to be the cantonal and municipal rest days according to the Law on Public Rest Days dated May 18, 2014.

3. Hospitality activities are considered to be

a) the provision of food and beverages for payment in a hospitality establishment, a take-away/snack establishment, or at a hospitality event;

b) the commercial accommodation of guests in an accommodation establishment.

3bis. Small hospitality establishments are considered to be businesses that

a) offer a very limited range of food and beverages;

b) have very limited opening hours; and

c) achieve an annual turnover of a maximum of 50,000 francs or

d) are club premises where the operation is not the main purpose of the club and which the club operates on its own account; and

e) do not present themselves externally as a catering business.

4. Trade in alcoholic beverages is considered to be

a) retail trade in a business or at an individual event with distilled spirits under federal law;

b) trade in a business or at an individual event with

1. wine, partially fermented grape must and juice, young wine, and wine-based beverages;

2. fruit and berry wine, pip fruit juice in fermentation, beverages made from fruit or berry wine, as well as mead;

3. beer;

4. other alcoholic beverages.

5. Sex work is considered to be the offering or provision of sexual acts for payment.

6. Street sex work is considered to be the presence on public grounds or in places accessible to the public or that can be seen by the public, with the apparent intention of engaging in sex work.

7. Collective labor disputes are those involving disagreements between employers and employees or their associations in industry, trade, and services regarding the employment relationship as well as the interpretation and execution of collective or standard employment contracts, provided that several employees are affected by the same subject of dispute.

8. A film screening is deemed public if the audience is not restricted or determinable.

Exercise of Economic Activities - Business Opening Hours

1. Businesses may be open from 5 a.m. to 6:30 p.m. They may designate one working day per week, except before Sundays and public holidays, on which they may extend the opening hours until no later than 9 p.m.

2. On Saturdays, businesses must close at 6 p.m.

3. On December 24th and December 31st, businesses must close at 4 p.m.

4. On rest days, businesses may not be open.

Exercise of Economic Activities - Business Opening Hours

1. Opening hours do not apply to the following businesses

a) Kiosks and businesses for travelers, such as specifically petrol station shops with a sales area up to 120 square meters;

b) Petrol stations and garages for supplying vehicles with fuel, as well as for maintaining a breakdown, towing, and associated repair service;

c) Pharmacies for maintaining emergency services;

d) Museums and exhibition businesses;

e) Hospitals and clinics, as well as homes and boarding schools;

f) Funeral homes for urgent operations;

g) Zoos, animal parks, and animal shelters;

h) Theaters, concert halls, film, circus, and exhibition businesses;

i) Sports and leisure facilities, ski lifts and aerial cable cars, as well as campsites.

2. Moreover, the opening hours do not apply to

a) Hospitality businesses, take-away/snack outlets, and accommodation businesses according to § 4 paragraph 3 letters a and b; the opening hours for these are regulated by §§ 19 et seq.;

b) Open market stalls;

c) Goods and service vending machines;

d) Direct sale of own products at agricultural enterprises;

e) Subsidiary operations of railways;

f) Open stalls for charitable, cultural, and non-profit purposes outside a permanent sales location or within the framework of events.

**Engaging in Economic Activities - Store Opening Hours**

1. The following businesses may be open on all days of rest from 8 a.m. to 6 p.m.

a) Bakeries, pastry shops, and confectioneries;

b) Flower shops;

c) Grocery stores.

2. All businesses may open on the following maximum of four Sundays

a) On the two Sundays preceding December 24th (Advent sales); and

b) On a maximum of two Sundays designated by the Executive Council, which serve seasonal sales (seasonal sales).

3. The seasonal sales according to paragraph 2 letter b must not fall on major holidays according to the Public Days of Rest Act of May 18, 2014.

4. The Executive Council determines the dates of the seasonal sales two years in advance, taking into account regional needs.

Exercise of Economic Activities - Business Opening Hours

1. The competent authority may approve exceptions to § 5 in special cases.

Exercise of Economic Activities - Hospitality Activities - Permits

1. For the operation of a catering business, a take-away/snack business, and an accommodation business, an operating license is required.

2. For occasional catering events, an event license is required.

Exercise of Economic Activities - Hospitality Activities - Permits

1. Dining establishments in businesses, institutions, homes, and other catering facilities for employees, the ill, the elderly, students, apprentices, and children do not require a license, provided these establishments are not accessible to the public.

2. Bakeries, pastry shops, confectioneries, grocery stores, and farm shops from agricultural businesses do not require a license, provided they do not offer ready-to-eat meals and beverages for on-site consumption.

Exercise of Economic Activities - Hospitality Activities - Permits

1. An operating license is granted if the applicant

a) Provides assurance for the impeccable and lawful practice of the hospitality activity;

b) Demonstrates a minimal professional qualification in terms of hygiene and the legal regulations essential for the operation;

c) Is legally competent;

d) Does not have a serious prior conviction that is materially relevant; and

e) Has not been the subject of any debt collection from hospitality activities in the last five years, against which no legal objection was raised or where legal certification was granted.

1bis For micro hospitality operations pursuant to § 4 paragraph 3bis, the requirements of paragraph 1 for the granting of an operating license do not apply.

2. Additionally, a legally binding construction permit must be in place for an operating license.

3. An event license is granted if the applicant

a) Provides assurance for the impeccable and lawful practice of the hospitality activity; and

b) Is legally competent.

4. An event license is only granted if all the necessary permits for the event are present.

Exercise of Economic Activities - Hospitality Activities - Permits

1. The permit is issued to the natural person responsible for the gastronomic activity.

2. It cannot be transferred.

3. The operating permit is generally granted for an indefinite period. Exceptionally, particularly in the case of seasonal operations, it may be limited in duration.

3a. If proof of minimal professional qualification pursuant to § 11 paragraph 1 letter b cannot yet be provided, the operating permit may be issued on a one-time, limited basis for a maximum of one year.

4. The event permit specifies the date and time of the approved event.

5. Conditions may be imposed in the permit regarding the operation of the business or the execution of the event.

Exercise of Economic Activities - Hospitality Activities - Permits

1. The license shall lapse by operation of law with the cessation of the catering activity, with the express renunciation, or upon the death of the holder.

Exercise of Economic Activities - Hospitality Activities - Permits

1. The authorization shall be revoked if

a) the requirements for its issuance are no longer met;

b) the responsible person fails to fulfill their duties;

c) the regulations concerning foodstuffs, health, labor, social security, foreign nationals, or collective labor agreements are disregarded;

d) public order or morality necessitates it; or

e) the fees owed under this law are not paid despite a reminder.

2. Instead of revocation, a warning may be issued, or conditions and terms may be imposed in minor cases.

3. The revocation of the authorization simultaneously orders the closure of the establishment.

4. Appeals against decisions on the revocation and closure of authorizations shall not have a suspensive effect unless otherwise ordered in the decision.

Exercise of Economic Activities - Hospitality Activities - Exercise of Hospitality Activity - General Provisions

1. The license holder is responsible for the proper and lawful conduct of the catering business.

2. He or she personally manages the establishment or the event and must be present in the establishment or at the event for the majority of the opening hours.

3. He or she ensures peace and order.

Exercise of Economic Activities - Hospitality Activities - Exercise of Hospitality Activity - General Provisions

1. The license holder is authorized to serve alcohol during opening hours (§§ 19 et seq.) or during the approved duration of the event (§ 12 paragraph 4).

2. The following may not be served alcoholic beverages

a) Minors according to the provisions of federal law.

3. Anyone offering alcoholic beverages is obliged to offer at least three different non-alcoholic beverages, which per unit of measure are not more expensive than the cheapest alcoholic beverage.

4. Guests must not be encouraged to consume alcohol.

Exercise of Economic Activities - Hospitality Activities - Exercise of Hospitality Activity - General Provisions

1. The holder of an operating permit for accommodation establishments shall maintain a register with the registration forms of overnight guests.

2. The registration forms shall record the following data

a) Last name and first name;

b) Date of birth;

c) Nationality;

d) Identification data;

e) Address;

f) Arrival and departure dates; and

g) Name and address of the accommodation establishment.

3. The registration forms shall be retained by the holder of the operating permit for police investigation and search purposes for three years at the establishment, to be made available to the police.

4. After three years, the registration forms shall be destroyed by the holder of the operating permit.

Exercise of Economic Activities - Hospitality Activities - Exercise of Hospitality Activities - Operating Hours of Establishments

1. Hospitality businesses as well as take-away/fast-food establishments may remain open from 5:00 a.m. to 12:30 a.m.

2. On Fridays and Saturdays, these establishments may remain open until 4:00 a.m.

Exercise of Economic Activities - Hospitality Activities - Exercise of Hospitality Activities - Operating Hours of Establishments

1. The opening hours do not apply to

a) the catering of guests accommodated in the same establishment;

b) catering businesses and take-away/snack businesses in shops; §§ 5 et seq. apply to these; and

c) catering businesses and take-away/snack businesses for travelers as well as in stations pursuant to federal law.

Exercise of Economic Activities - Hospitality Activities - Conduct of Hospitality Business - Opening Hours of Establishments

1. Municipalities may, in accordance with building and environmental protection legislation, determine operating hours that deviate from § 19 in the course of land use planning or building permit procedures, and may either extend or restrict these hours.

2. In special cases, they may also grant individual operational exceptions to the opening hours pursuant to § 19.

3. They may designate free nights for local events.

**Exercise of Economic Activities - Hospitality Activities - Exercise of Hospitality Activity - Erotic Entertainment**

1. Performances with an erotic nature in a hospitality establishment or at a hospitality event may only be presented on a stage or a similar setup.

2. The license holder ensures that access to the hospitality establishment or event featuring erotic entertainment is restricted to individuals 18 years and older.

Exercise of Economic Activities - Trade in Alcoholic Beverages - Permits

1. A business license is required for conducting trade as part of a business operation.

2. An event license is required for conducting trade as part of a single event.

Exercise of Economic Activities - Trade in Alcoholic Beverages - Permits

1. No Authorization Required

a) The trade of wine, fruit wine, and fermented must from one's own produce;

b) The trade of alcoholic preparations listed in the Swiss Pharmacopoeia by pharmacies and drugstores;

c) Holders of hospitality permits according to § 9.

Exercise of Economic Activities - Trade in Alcoholic Beverages - Permits

1. An operational permit will be granted if the applicant

a) Provides assurance for the proper and lawful conduct of trade with alcoholic beverages;

b) Is legally competent;

c) Has no serious criminal record that is of material relevance; and

d) Has not had any debt enforcements from the trade with alcoholic beverages in the last five years, against which no legal objection has been raised or in which a definitive judgment has been rendered.

2. An event permit will be granted if the applicant

a) Provides assurance for the proper and lawful conduct of trade with alcoholic beverages; and

b) Is legally competent.

3. Permits for the retail sale of distilled spirits according to § 4 paragraph 4 letter a will only be granted to establishments approved by federal law.

Exercise of Economic Activities - Trade in Alcoholic Beverages - Permits

1. Sections 12, 13, and 14 apply mutatis mutandis.

Exercise of Economic Activities - Trade in Alcoholic Beverages - Conducting Trade with Alcoholic Beverages

1. The permit holder is responsible for the proper and lawful conduct of trading activities.

2. The trade in alcoholic beverages is prohibited

a) with minors in accordance with federal law regulations[61];

b) through vending machines;

c) by travelers outside of open sales stalls.

**Exercise of Economic Activities - Sex Work - Permits**

1. An operational license is required for anyone who provides or arranges premises designated for the practice of sex work.

2. A brokerage license is required for anyone who facilitates contacts between individuals offering sex work and potential clients.

Exercise of Economic Activities - Sex Work - Permits

1. The operating or intermediary license is granted if the applicant

a) Provides assurance for the proper and lawful exercise of the permit-required activity;

b) Has legal capacity;

c) Does not have any serious, materially relevant criminal record; and

d) Has not faced any debt enforcement from a license-required activity under § 28 in the past five years for which no legal challenge was raised or in which enforcement was granted.

2. Additionally, for the operating license, a legally binding building permit must be present.

Exercise of Economic Activities - Sex Work - Permits

1. Sections 12, 13, and 14 apply mutatis mutandis, subject to Paragraph 2.

2. The permits pursuant to Section 28 are granted for a limited period of 3 years.

Exercise of Economic Activities - Sex Work - Exercise of Activities Requiring Approval

1. The Permit Holder

a) ensures the lawful and proper operation of the business;

b) personally manages the business and must be present at the business premises for the majority of the opening hours;

c) is responsible for ensuring that only those individuals who are authorized to work in Switzerland engage in sex work at the business;

d) maintains a register for the authorities of individuals engaged in sex work at the business, recording

1. Name and surname;

2. Date of birth;

3. Nationality;

4. Address in Switzerland;

5. Health insurance;

6. Residency status and duration of stay.

e) is obliged to take necessary measures for the protection of the health and safety of individuals engaged in sex work at the business;

f) ensures that individuals engaged in sex work at the business are not required to consume alcohol or other intoxicating substances;

g) ensures that sexual acts are performed only with the use of basic measures for protection against sexually transmitted diseases; in particular, he or she provides condoms free of charge;

h) provides prevention and educational material for the prevention of sexually transmitted diseases;

i) grants access to the premises in accordance with § 28 paragraph 1 to the competent authorities and third parties offering prevention work (§ 36).

2. Approving, tolerating, or promoting sexual activities without protective measures against transmissible diseases, as well as promoting sexual activities with reference to the health condition of individuals engaged in sex work at the business, is prohibited.

Exercise of Economic Activities - Sex Work - Exercise of Activities Requiring Approval

1. The obligations contained in § 31 shall apply mutatis mutandis to the holder of a mediation license, with the exception of paragraph 1, letters b and i.

Exercise of Economic Activities - Sex Work - Exercise of Activities Requiring Approval

1. The practice of street sex work is prohibited

a) in areas primarily used for residential purposes;

b) at and around public transport stops during operating hours; and

c) in the immediate vicinity of religious sites, cemeteries, schools, kindergartens, and other educational institutions, as well as hospitals, homes, and similar health facilities.

2. Municipalities may restrict the practice of street sex work with respect to location and time if public peace, order, or safety is thereby disturbed.

Exercise of Economic Activities - Sex Work - Exercise of Activities Requiring Approval

1. Clients of Sex Workers May

a) Engage in sex work only while employing fundamental measures for protection against sexually transmitted diseases;

b) Not solicit street sex work contrary to the restrictions pursuant to § 33.

Exercise of Economic Activities - Sex Work - Governmental Supervision and Prevention

1. The competent authorities may, as necessary for the fulfillment of their respective tasks and required for the protection of the persons engaged in sex work, conduct inspections on the business premises designated for the exercise of sex work pursuant to § 28 paragraph 1, or related thereto, and verify the identity of the persons present therein.

2. For this purpose, the competent authority shall maintain a register of the persons to whom a business permit has been issued pursuant to § 28 paragraph 1.

3. The following data shall be recorded in the register

a) Name and first name of the permit holder;

b) Date of birth;

c) Nationality;

d) Address;

e) Name and address of the establishment;

f) Validity period of the permit.

4. The data may be made available to the police, immigration authorities, social authorities, municipal authorities, as well as other authorities, provided they require it to fulfill their legal duties.

5. The data shall be deleted by the competent authority no later than one year after the expiration of the permit.

Exercise of Economic Activities - Sex Work - Governmental Supervision and Prevention

1. The competent authority shall provide persons engaged in sex work at the establishment with prevention services as well as health and social care.

2. The competent authority may delegate tasks related to prevention and information to suitable third parties.

3. In this case, a service agreement must regulate the tasks, compensation, as well as the monitoring and evaluation of the task delegation.

Exercise of Economic Activities - Large and Small Games

1. The Conduct of Major Games According to BGS is Permitted.

2. ...

Exercise of Economic Activities - Large and Small Games

1. The conduct of small games according to the BGS is permitted and requires a permit.

2. Small lotteries conducted as raffles under the conditions of Article 41 paragraph 2 BGS are exempt from requiring a permit, provided that the total sum of all wagers does not exceed 50,000 Swiss Francs.

3. The government council regulates the specifics in an ordinance.

Exercise of Economic Activities - Granting of Consumer Credit

1. The granting and brokering of consumer credit in accordance with the federal legislation on consumer credit is subject to authorization.

2. The issuance and revocation of authorizations must be published in the official gazette.

Exercise of Economic Activities - Granting of Consumer Credits

1. The competent authority may conclude performance agreements with suitable third parties to examine the conditions for granting approval.

2. The performance agreement shall regulate the tasks, compensation, as well as the control and evaluation of the delegation of tasks.

Employment - Labor in Industry, Commerce, and Trade - Business Directory

1. The competent authority maintains a register of the enterprises subject to the Federal Act on Work in Industry, Trade and Commerce (Labour Act, ArG) of March 13, 1964.

2. The competent authority decides on the application of special regulations for industrial enterprises.

Employment - Labor in Industry, Commerce, and Trade - Business Directory

1. Enterprises subject to labor law are required to notify the competent authority of significant events such as the opening, relocation, acquisition, or closure of a business, as well as changes to the company name, type of business, or business organization.

Employment - Labor in Industry, Commerce, and Trade - Business Directory

1. The municipalities report to the competent authority all enterprises that are subject to the Labor Law.

2. They report to the competent authority all building applications from enterprises that are subject to the Labor Law.

Work - Work in Industry, Trade, and Commerce - Plan Approval, Operational Permit, and Plan Review

1. In applications for the establishment or modification of industrial enterprises, the competent authority conducts the plan approval procedure in accordance with the Labor Law and decides on the plan approval.

2. If a building permit is required for the establishment or modification of the enterprise, it only becomes effective once the plan approval from the competent authority is obtained.

3. The competent authority issues the operating permit in accordance with the Labor Law before the commencement of operations.

Work - Work in Industry, Trade and Commerce - Plan Approval, Operational Authorization and Plan Review

1. In applications for the establishment or modification of non-industrial enterprises, the competent authority only conducts a plan review.

Work - Work in Industry, Trade, and Commerce - Working and Rest Periods

1. The following are considered equivalent to Sundays as public holidays

a) New Year's Day, Good Friday, Ascension Day, and Christmas, as well as May 1st (from 12 noon) and August 1st;

b) Corpus Christi, Assumption of Mary, and All Saints' Day.

2. The holidays listed in paragraph 1, letter b, do not apply in the Bucheggberg district.

Work - Work in Industry, Trade, and Commerce - Working and Rest Periods

1. Employees in sales businesses within the meaning of federal law may be employed without a permit during Advent and seasonal sales according to § 7 paragraph 2.

**Work - Work in Industry, Commerce, and Trade - Company Regulations**

1. The competent authority supervises the operating regulations and their amendments.

Work - Collective Disputes Arising from Employment Relationships - Cantonal Conciliation Authority

1. The Cantonal Conciliation Board consists of

a) a President and a Vice President;

b) four members and four substitute members, each equally representing the employers and the employees;

c) a Registrar and their deputy.

2. The members of the Cantonal Conciliation Board are elected by the Governing Council for a term of four years.

Work - Collective Disputes Arising from Employment Relationships - Cantonal Conciliation Authority

1. The cantonal conciliation body is responsible for mediating collective disputes.

2. The cantonal conciliation body issues binding arbitral awards when the parties have conferred the authority to do so.

3. The cantonal conciliation body can also be used as a private arbitration tribunal; in such cases, the procedure is governed by the rules of civil arbitration.

4. The establishment of voluntary conciliation bodies under federal law remains reserved.

Work - Collective Disputes Arising from Employment Relationships - Cantonal Conciliation Authority

1. The cantonal conciliation authority is responsible when employers permanently employ employees in the canton or direct their varying assignments outside the canton from within the canton.

2. Collective disputes that extend beyond the boundaries of the canton are handled according to the provisions of federal law.

Work - Collective Disputes Arising from Employment Relationships - General Procedural Provisions

1. The parties are obligated to maintain industrial peace during the conciliation proceedings before the cantonal conciliation board.

2. The obligation to maintain peace begins with the notification to the parties that a conciliation procedure has been initiated.

3. It ends with the expiration of the deadline set for the acceptance of a mediation proposal, or with the conclusion of the conciliation proceedings.

Work - Collective Disputes Arising from Employment Relationships - General Procedural Provisions

1. Parties who violate the duty to keep the peace (§ 52) or the duty to cooperate in accordance with § 26 of the Law on Legal Protection in Administrative Matters (Administrative Procedure Act) of November 15, 1970, as well as participants in the proceedings who violate decorum or significantly disrupt the proceedings, may be fined by the President, in analogous application of § 79 of the Administrative Procedure Act.

2. The fine decision may be published in an appropriate form by the cantonal conciliation committee.

3. An appeal against the fine decision may be lodged with the Administrative Court within 10 days.

Work - Collective Disputes Arising from Employment Relationships - General Procedural Provisions

1. The disqualification provisions of the Law on the Organization of Courts apply mutatis mutandis.

2. The cantonal conciliation authority decides on a request for disqualification in the absence of the affected member. In the event of a tie, the president has the casting vote.

3. If a member is unable to serve, the president appoints a substitute member. The principle of equal representation must be maintained.

4. If neither the president nor the vice president is able to serve, the government council appoints an extraordinary president.

Work - Collective Disputes Arising from Employment Relationships - General Procedural Provisions

1. The conciliation and mediation procedures are free of charge.

2. The costs of the arbitration proceedings can be imposed on the parties.

3. No party costs will be reimbursed.

Work - Collective Disputes Arising from Employment Relationships - General Procedural Provisions

1. The proceedings are public. The president may exclude the public wholly or partially for reasons of public order, morality, or the protection of personal rights and may restrict the parties' rights to access the files.

2. Insofar as this law does not contain any provisions, the Administrative Procedure Act applies.

1. Work - Collective Disputes Arising from Employment Relationships - Initiation of Proceedings

1. A proceeding is initiated by a written request from a party. Article 202 of the Swiss Code of Civil Procedure of December 19, 2008, applies mutatis mutandis.

2. The cantonal conciliation board shall also act ex officio upon notification by the government council.

3. The notification by the government council can occur if the conciliation or mediation of a collective dispute is of public interest or if the employees do not belong to any employee organization.

Work - Collective Disputes Arising from Employment Relationships - Initiation of Proceedings

1. If the jurisdiction of the cantonal conciliation authority is disputed, the president shall decide on the acceptance of the dispute.

2. An appeal against the decision can be lodged with the administrative court within 10 days.

Work - Collective Disputes Arising from Employment Relationships - Conduct of the Proceedings

1. In the conciliation procedure, the president attempts to reconcile the parties in an informal negotiation.

2. Articles 203 paragraphs 1 and 4, 204, and 206 of the Swiss Code of Civil Procedure of December 19, 2008, apply mutatis mutandis.

Employment - Collective Labor Disputes Arising from the Employment Relationship - Conduct of the Procedure

1. If the parties do not reach an amicable settlement during the conciliation proceedings, the president shall initiate the mediation process and summon a hearing.

2. Sections 61-63 of the Administrative Procedure Act apply mutatis mutandis.

3. Following the hearing, the cantonal conciliation authority shall present the parties with a written mediation proposal and set a deadline for accepting or rejecting the proposal.

4. If the mediation proposal is accepted, it shall have the effect of a final and binding decision.

5. The outcome of the mediation process may be published in an appropriate manner; the cantonal conciliation authority may issue a statement in this regard.

Employment - Collective Labor Disputes Arising from the Employment Relationship - Conduct of the Procedure

1. If the parties have authorized the cantonal conciliation authority to render a binding arbitral award, the arbitral award replaces the conciliation proposal.

2. An appeal against the arbitral award may be filed with the administrative court within 10 days. The grounds for appeal permissible are those specified in Articles 95-98 of the Federal Act on the Federal Supreme Court dated June 17, 2005.

3. Otherwise, the procedure is governed by the Administrative Procedure Act.

Economic Promotion - General Economic Promotion - General Conditions

1. The canton conducts active and sustainable economic promotion.

2. The economic promotion must be coordinated with the relevant projects of the private sector, the federal government, the regions, and the municipalities.

Economic Promotion - General Economic Promotion - General Conditions

1. Economic promotion serves the structurally and regionally balanced development of the economy.

2. It is intended, in particular, to facilitate adjustments to structural change.

3. It aims at the administrative relief of enterprises.

Economic Promotion - General Economic Promotion - General Conditions

1. The canton shall implement promotional measures as a rule only when no other promotional and financing options are available.

2. There is no legal entitlement to benefits from economic promotion.

Economic Promotion - General Economic Promotion - General Conditions

1. The canton establishes an office for location promotion.

2. The tasks of the office for location promotion include, in particular

a) location development;

b) location promotion;

c) maintenance of existing businesses;

d) establishment of new enterprises.

2bis. It serves as a central contact, information, and coordination point for business concerns.

3. The government council appoints an advisory board consisting of a maximum of seven members from outside the administration.

4. The advisory board advises the government council, particularly on matters of administrative relief for businesses.

5. The members of the advisory board are bound by confidentiality obligations.

Economic Promotion - General Economic Promotion - Promotion Measures

1. The Canton may

a) adopt appropriate measures for location development;

b) mediate available industrial and commercial properties;

c) provisionally acquire or dispose of real estate and other rights to land, as well as undertake or participate in the development and land readjustment;

d) support organizations contributing to location development or location promotion;

e) conduct advertising and take other measures to highlight cantonal and regional location advantages;

f) take measures to provide administrative relief for companies.

**Economic Promotion - General Economic Promotion - Support Measures**

1. The canton may support individual enterprises

a) in transitioning to other branches of production and modes of operation;

b) in implementing measures in the sense of environmental protection and spatial planning;

c)* in establishing within the canton;

d)* in research and development; and

e)* for special entrepreneurial initiatives if these are crucial for the creation of new jobs.

1bis Special entrepreneurial initiatives are deemed to include both new projects by enterprises based in the canton of Solothurn and the settlement or establishment of new enterprises.

2. To this end, the canton may dispose of property and other rights in land on preferential terms, provide contributions, grant, mediate or guarantee loans, award interest subsidies, reduce cantonal fees or tariffs, and grant tax relief.

3. Support measures for individual enterprises shall be limited in time and collectively restricted per case to

a) guarantees of up to 3 million francs; and

b) interest subsidies, contributions, and loans together of up to 500,000 francs.

4. In exceptional cases, these limits may be exceeded for projects that are particularly worthy of support.

5. The granting of tax relief is governed by tax legislation.

Economic Development - General Economic Promotion - Promotion Measures

1. The municipal communities and special-purpose associations may, in the interest of economic promotion, implement their own measures and, in particular, wholly or partially assume development contributions and connection fees according to the Planning and Construction Law (PBG) of December 3, 1978.

**Economic Promotion - General Economic Promotion - Prerequisites**

1. Promotional Measures Must

a) conform to the objectives of economic promotion (§ 63);

b) observe the principle of subsidiarity (§ 64); and

c) consider the requirements of environmental protection, spatial planning, nature and heritage conservation, and agriculture.

2. Enterprises and organizations receiving economic promotion benefits are obligated to provide their employees with wages and working conditions customary to the location and industry, as well as to adhere to the principles of equal treatment.

**Economic Promotion - General Economic Promotion - Prerequisites**

1. Individual Operations Support Measures may be undertaken if the supported project

a) demonstrates an innovative or diversifying character;

b) creates or maintains jobs;

c) appears worthy of support based on company-specific and project-specific criteria; and

d) adheres to the principle of economic efficiency.

2. No support measures shall be granted for the preservation of obsolete structures.

3. ...

Economic Promotion - General Economic Promotion - Implementation

1. Promotion measures are granted by government council resolution or order.

2. The details of granting promotion measures are generally regulated in an agreement.

3. The agreement shall particularly regulate the amount and type of the promotion measure, the obligations of the recipient, as well as the monitoring and evaluation of the promotion.

4. Benefits must be repaid with interest in cases of misuse or misappropriation, as well as in case of violation of the provisions of the order or the agreement.

5. A list of recipients of promotion measures, indicating the corresponding contribution amount and duration, is periodically published. The government council regulates the details by decree, particularly at what contribution amount publication occurs.

6. The names of recipients of promotion measures pursuant to § 6 of the Law on State and Municipal Taxes from December 1, 1985, the rate of facilitation of the corresponding tax reliefs, and the duration of the tax relief are not subject to tax secrecy.

Economic Promotion - General Economic Promotion - Implementation

1. The funds necessary for economic promotion are applied for and approved within the framework of the global budget of the competent authority.

2. Repayments, interest, and other revenues are credited to the global budget of the competent authority.

Economic Promotion - General Economic Promotion - Implementation

1. Jurisdiction for decisions on economic promotion measures is determined in accordance with the statutory provisions on expenditure authority.

2. The government council may delegate individual competencies in the implementation of economic promotion to the location promotion office by regulation.

Economic Promotion - Tourism Promotion

1. The canton promotes tourism.

2. The promotion of tourism serves the development of suitable tourism structures.

Economic Promotion - Tourism Development

1. The municipalities may levy spa and accommodation taxes.

Economic Promotion - Tourism Development

1. The canton may provide financial support for tourism projects and marketing of cantonal and regional significance, as well as for vocational training in the hospitality industry.

2. Tourism promotion measures may only be granted if

a) the project corresponds to the goal of tourism promotion (§ 74 paragraph 2);

b) the applicant provides assurance of flawless execution of the project; and

c) an adequate level of self-financing by the applicant is ensured.

Economic Promotion - Tourism Promotion

1. The government council regulates the details in the ordinance.

2. Additional benefits under § 95 may apply.

Economic Promotion - Tourism Promotion

1. Sections 62 paragraph 2, 64, 71, 73 apply mutatis mutandis.

Economic National Supply

1. The Special Authorities for the Implementation of Federal Law on Economic National Supply are

a) the Cantonal Central Office for Economic National Supply;

b) the Municipal Offices for Economic National Supply.

2. The constant readiness of the authorities must be organized according to the nature, severity, and extent of the threat in such a way that the necessary activities can be immediately commenced in the event of deployment.

Economic National Supply

1. The Cantonal Central Office enforces the federal legal provisions regarding the assurance of the economic national supply, unless this law provides otherwise.

2. It fulfills, in particular, the following tasks

a) Planning, preparation, arrangement, and implementation of all tasks and measures assigned by the Confederation in all areas of the economic national supply;

b) Coordination of the activities of the enforcement authorities;

c) Training and deployment of the employees;

d) Advising, reviewing, and training the municipal offices entrusted with the economic national supply.

3. The Government Council regulates the composition and organization of the Cantonal Central Office.

Economic National Supply

1. The municipal offices shall undertake preparatory measures to ensure the provision of essential goods and services to the municipal residents in accordance with the directives of the Cantonal Central Office.

2. The municipal offices shall implement the measures ordered by the Cantonal Central Office.

3. The municipal offices shall be appointed by the municipal council or by an authority designated by them, which also establishes their duty sheets.

4. The duty sheets of the municipal offices require approval from the Cantonal Central Office.

Economic National Supply

1. All bodies and individuals involved in the execution of economic national supply are obligated to maintain official confidentiality.

Economic National Supply

1. The canton bears the costs of the Cantonal Central Office as well as the training of municipal officials.

2. The local municipalities bear the costs of the municipal offices.

Economic National Supply

1. An appeal against decisions made by municipal authorities, issued in application of the federal legal provisions on economic national supply, can be lodged with the Cantonal Central Office within 10 days.

2. An appeal against decisions made by the Cantonal Central Office, issued in application of the federal legal provisions on economic national supply, can be lodged with the competent department within 10 days.

3. Appeals do not have a suspensive effect. The appeal authority may restore the suspensive effect upon request, unless there are compelling reasons such as urgency.

Market Oversight - Metering Systems

1. The entire canton constitutes a calibration district.

2. The calibration office SO+1 is responsible for the calibration district.

Market Supervision - Measurement System

1. The Inspector or the Inspectress enforces the federal legislation concerning metrology.

2. ...

Market Oversight - Metering Systems

1. Orders of the Calibration Master or Calibration Mistress may be appealed to the competent department.

Market Supervision - Workers Dispatched to Switzerland

1. As the Tripartite Commission on Accompanying Measures, the Commission for Cantonal Labor Market Policy is established.

2. The Commission is composed of three representatives each from employer and employee organizations, as well as three representatives from the canton and the municipalities.

3. The members of the Commission are elected by the government council for a term of four years.

4. The Commission organizes itself.

#### Market Supervision - Workers Dispatched to Switzerland

1. The commission for cantonal labor market policy fulfills the tasks assigned to it as the Tripartite Commission under federal law.

2. The government council may assign additional tasks to the commission.

3. The commission may delegate tasks concerning the implementation of wage controls, statistical surveys, and other investigations to a committee formed from its members or to third parties.

4. In this case, a service agreement must regulate the tasks, compensation, as well as the monitoring and evaluation of the delegation of tasks.

#### Market Supervision - Workers Dispatched to Switzerland

1. The Government Council is responsible for

a) the issuance, amendment, or repeal of standard employment contracts with minimum wages in accordance with federal law; and

b) the decision regarding the amount and modalities of the compensation claim pursuant to Article 9 of the Ordinance on the Posting of Workers Act.

Market Supervision - Film Industry

1. The admission age for public film screenings is 18 years.

2. A different admission age applies if the Swiss Commission for Youth Protection in Film issues a corresponding recommendation.

3. Anyone publicly screening films is obliged to indicate the admission age in a clearly visible location.

4. Children and adolescents may watch films if they are accompanied by an adult, provided the age difference does not exceed two years below the admission age.

Taxes and Fees - Annual Fees for Operating and Mediation Licenses

1. Holders of hospitality business permits (§ 9 paragraph 1), permits for alcohol trade (§ 23 paragraph 1), as well as operation or brokering permits in the field of sex work (§ 28 paragraphs 1 and 2) are required to pay an annual fee.

Taxes and Fees - Annual Fees for Operating and Mediation Licenses

**1. The annual fee for operating permits for catering establishments (§ 9 paragraph 1) and for operating or mediation permits in the field of sex work (§ 28 paragraphs 1 and 2) is:**

a) for an annual turnover of up to 300,000 francs: 300 francs;

b) for an annual turnover of 300,000 to 500,000 francs: 600 francs;

c) for an annual turnover of 500,000 to 1 million francs: 1,200 francs;

d) for an annual turnover of over 1 million francs: 2,400 francs.

**2. The annual fee for operating permits for the alcohol trade (§ 23 paragraph 1) is:**

a) for an annual turnover of up to 300,000 francs: 150 francs;

b) for an annual turnover of 300,000 to 500,000 francs: 300 francs;

c) for an annual turnover of 500,000 to 1 million francs: 600 francs;

d) for an annual turnover of over 1 million francs: 1,200 francs.

Taxes and Fees - Casino Levy

1. The canton levies the full cantonal share permissible under federal law on the casino taxes of the casinos.

Taxes and Fees - Casino Levy

1. The cantonal share of casino taxes from the gaming halls is allocated two-thirds to the canton and one-third to the host municipality.

2. 3 percent, but no more than 300,000 Swiss Francs, from the portion of the taxes retained by the canton, are to be allocated to tourism promotion.

Title: Taxes and Fees - Other Fees

1. The remaining fees for official acts pursuant to this law are determined in accordance with the cantonal fee schedule.

Criminal Provisions

**1. A fine of up to 20,000 Swiss Francs shall be imposed on anyone who, either intentionally or negligently:**

a) conducts an activity requiring a permit under this law without obtaining such a permit;

b) exceeds the opening hours prescribed in this law;

c) violates obligations imposed under this law;

d) provides incomplete or false information to obtain a permit or economic or tourism promotion benefits;

e) allows persons to attend public film screenings without respecting the applicable age restrictions.

**2. Attempt and complicity are punishable.**

**3. In minor cases, a criminal complaint may be waived.**

Criminal Provisions

1. The prosecuting authorities are required to notify the competent authority of legally binding criminal judgments and decisions to close proceedings that pertain to a subject matter regulated by this law.

Enforcement and Administration of Justice

1. The Government Council exercises supervision over

a) the national economic supply;

b) the master of weights and measures and the metrological system;

c) third parties assigned tasks in accordance with this law.

Enforcement and Administration of Justice

1. Unless otherwise specified by this law, the enforcement of this law and the underlying federal legislation according to § 3 is the responsibility of the Government Council.

2. The Government Council shall issue an ordinance containing the detailed provisions and shall designate the competent authorities therein.

3. The local municipalities are responsible for

a) the enforcement of the provisions regarding event permits in accordance with § 9 paragraph 2 and § 23 paragraph 2 and their issuance;

b) deviating orders (from the opening hours) in accordance with § 21.

Enforcement and Administration of Justice

1. The competent authorities may, insofar as it is necessary to ensure compliance with the provisions of this Act and the corresponding ordinance, enter and inspect all premises of establishments that serve or are related to the exercise of hospitality activities, the trade of alcoholic beverages, sex work, or the carrying out of small games, as well as occasional hospitality events.

2. The police authorities are authorized, within the framework of their enforcement duties according to this Act and their security police responsibilities according to the Act on the Cantonal Police dated September 23, 1990, to enter and inspect the premises associated with the operation and occasional hospitality events as per paragraph 1.

3. The competent authorities shall take the measures necessary for the proper fulfillment of their supervisory duties. In particular, they may prohibit the use of premises and facilities, close establishments, or prohibit the organization of events if

a) no authorization is available;

b) repeatedly, no responsible person or an obviously unsuitable person or no deputy is present;

c) peace and order are seriously disturbed or persons are immediately endangered;

d) security is no longer guaranteed;

e) official orders to restore the lawful condition are not implemented within the deadline despite written warning.

4. Appeals against closure orders shall not have a suspensive effect.

Enforcement and Administration of Justice

1. Unless otherwise specified by this law, the procedure and legal protection are governed by the Law on Legal Protection in Administrative Matters of November 15, 1970.

2. Special procedural provisions under federal law remain reserved.

Enforcement and Administration of Justice

1. Where multiple permits are required under this law, the competent authority shall coordinate the procedures and grant the permits in a single decision.

2. If, in addition to a permit under this law, further cantonal permits or a municipal permit are required, all decisions must be issued simultaneously and in a coordinated manner.

3. To the extent that federal law provides for a different appeal period for a decision issued in a coordinated procedure than is provided by cantonal law, the federal appeal period alone shall apply to the coordinated decision.

Enforcement and Administration of Justice

1. The following bodies, administrative and judicial authorities are obligated to provide information about individuals and enterprises, insofar as such information is necessary for the enforcement of the law

a) Canton and municipal police;

b) Health authorities;

c) Office registries;

d) Debt collection and bankruptcy offices;

e) Courts;

f) Migration authorities;

g) Tax authorities;

h) Compensation funds; and

i) Third parties who perform tasks in accordance with this law.

2. These authorities shall report to the authority responsible for the enforcement of this law any incidents that may violate the provisions of this law or the implementing regulations based on it and could lead to administrative measures.

Enforcement and Administration of Justice

1. The government council periodically evaluates the effectiveness of the law and its enforcement.

2. In doing so, it particularly reviews the following criteria

a) administrative burden for authorities and businesses;

b) user-friendliness;

c) costs;

d) procedures.

Transitional and Final Provisions

1. The Executive Council is authorized to formally adjust the references contained in the footnotes of this law in the event of changes to federal law, provided that no substantive changes are involved.

Transitional and Final Provisions

1. The pre-existing licenses according to § 4 and § 31 paragraph 1 of the Law on the Hospitality Industry and the Trade in Alcoholic Beverages dated June 9, 1996, shall be continued as operating permits in the sense of § 9 paragraph 1 or § 23 paragraph 1.

2. The nightclub permits granted pursuant to § 7 paragraph 1 of the Law on the Hospitality Industry and the Trade in Alcoholic Beverages dated June 9, 1996, shall remain valid for two years after the entry into force of this law. Opening hours deviating from § 19 shall thereafter be subject to municipal orders pursuant to § 21. The annual fees for nightclub permits according to § 37 paragraph 2 of the Law on the Hospitality Industry and the Trade in Alcoholic Beverages dated June 9, 1996, shall cease with the entry into force of this law.

3. For activities that are newly subject to a permit requirement according to §§ 9 and 28 and are already being conducted at the time of the law's entry into force, an application for a permit must be submitted to the competent authority within six months.

4. Furthermore, decisions issued based on a legal foundation repealed by this law shall remain in effect.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →